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Unfair Probation Terms for Medical Marijuana User

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  • 09-24-2009, 08:28 PM
    kinesis
    Unfair Probation Terms for Medical Marijuana User
    California

    I have to do PC1000 class for some bullsh*t i did back in 2002. I dont even do drugs anymore. I got the check and am starting the program on Tuesday. I havent smoked weed for 2 months now. But going 4 more months without weed is kind of frightening. I'm getting kind of shakey. I have mental health issues that become a concern when I do not medicate with pot at least every 3-4 months. Im wondering if I should get a medical marijuana recommendation from my doctor to protect my rights, and what standing it would have? I know that PC1000 is a contract, and no law can supercede or impede against another law, and that 11362.5 H&S would stand affirmative as a defense. There is nothing in the text of PC1000 that explicitly indicates you may not use medical marijuana while in the program.
    (see http://www.chrisconrad.com/expert.witness/pc1000.htm)

    I just wonder if it's worth it to go that route or just buy a drug test cheat kit.. I mean if it causes a ton of drama and stuff Im thinking I will go without, but like I said I'm getting shakey thinking about it.. I will try tea or something else to calm my nerves and see if I can hold out.
  • 09-27-2009, 10:25 AM
    Mr. Knowitall
    Re: PC 1000 Diversion and Medical Marijuana
    You should be seeking the psychiatric help you claim to need, rather than trying to end-run the law.
  • 10-07-2009, 08:21 PM
    Admit Nothing
    Re: PC 1000 Diversion and Medical Marijuana
    Be aware that drug test cheaters don't always work, and it is not worth failing out of PC 1000.

    As far as medical marijuana and PC 1000 goes, you aren't supposed to be using any illegal drugs. So, obviously if you don't have a card, you are doing something you aren't supposed to. Whether or not a medical card will get you booted out of PC 1000 is a different situation. It basically comes down to the reason for your medication and the program you are in. You should talk to your program. Then talk to your lawyer, who may or may not need to talk to the judge.

    Also, know that a positive urine test cannot lead to new criminal charges. This means they can't prosecute you for the marijuana, but can kick you out of PC 1000 and reinstate criminal proceedings on the case you received PC 1000 for.

    Without that RX, you are doing something illegal and, more importantly, totally against the purpose of your PC 1000 program.
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